You can file for divorce in NY if you meet the residency requirements. I have listed them below. #5 might apply to your situation.
1. If you and your spouse were married in the State of New York and one of you resides in the State when the Divorce action is commenced and that person resided in New York continuously for one year before the action was commenced.
2. If you and your spouse lived in New York State as Husband and Wife, at any time during your marriage, and one of you currently resides in the State and has lived in New York continuously for one year when the Divorce action is commenced.
3. If the grounds for Divorce occurred in New York State and either party is a resident of New York State for a continuous period of at least one-year before the divorce action is commenced. This residency requirement will allow a New York Court to hear a Divorce case even if the parties did not live together as Husband and Wife in New York State.
4. If the grounds for Divorce occurred in New York State and both parties are residents of New York at the time that the action for Divorce is commenced. This residency requirement will allow a New York Court to hear a Divorce case even if neither party has resided in New York for any set period of time.
5. If either party has been a resident of New York State for a continuous period of two years prior to the commencement of the action for Divorce. This residency requirement will allow any party who has lived in New York State without their spouse to obtain a Divorce in New York State. If, for example, one spouse has resided continuously in another state or abroad, the spouse who has resided in New York for two years can seek the protections of the New York Courts.
The question would be whether he's consenting to same. If so, that makes it easier. If not, then you will need to serve him with the divorce summons - and that then raises whether you have a good address for him as we'll as whether New York would be able to obtain personal jurisdiction over him. In any event, I highly advise to make a follow-up consultation with a Bronx Co. Divorce Attorney.
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If you meet the residency requirements the divorce can go forward in New York. You will need to effectuate service in order to go forward. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
If you meet the residency requirements, then you can file for a divorce here. If your spouse signs the paperwork, then it speeds up the process and saves you the expense of serving your spouse. See a local experienced divorce lawyer to assist you in the process.
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